No Sec 302 for murdering wife having affair

The Judges referred to the argument of the accused that the Panchayatdars had forced him to live with his wife.

The Madurai Bench of the Madras High court has ruled that Section 302 of the IPC cannot be used against a person who murders his wife who has an extramarital affair, despite repeated warnings and requests.

Justice M Chockalingam and Justice A Selvam, constituting the bench, held that the act of the accused would amount to culpable homicide Under Sec 304(I) of IPC and modified the conviction of a man, Babu, (life sentence under Sec 302 of the IPC) to seven years Rigorous Imprisonment.

The Judges referred to the argument of the accused that the Panchayatdars had forced him to live with his wife, who continued to have an illicit relationship with another man, though she had a child through Babu.

The circumstances would prove that the act of the accused did not fall under the ambit of murder, the judges held.

The crime had followed provocation by the deceased. The offence would attract only 304 Part I of the IPC. It is enough to award seven years RI for Babu, they said.